HomeMy WebLinkAbout979076Order No.: ATEC- 234770
979076 10/29/2014 11:08 AM
LINCOLN COUNTY FEES: $15.00 PAGE 1OF 2
BOOK: 842 PAGE: 374 MORTGAGE
JEANNE WAGNER, LINCOLN COUNTY CLERK
11111111111111111111 II1
MORTGAGE
Fredrick Shane Cullinan and Mary Cullinan, husband and wife, of PO Box 326 Thayne, WY
83127, (herein collectively called 'MORTGAGOR to secure the payment of $257,656.00, with
interest thereon, as provided in and evidenced by a promissory note of even date herewith (the
ultimate maturity date of which is 1/31/2015) and all renewals, modification and extensions
thereof, do hereby mortgage unto CMH Homes, Inc. of 5000 Clayton Road, Maryville, TN 37804
(herein called "MORTGAGEE the following described real property, situate in the County of
Lincoln, State of Wyoming, hereby releasing and waiving all rights under and by virtue of the
homestead exemption laws of the State of Wyoming, to -wit:
Parcel 1:
Beginning at a point on a North boundary line of the James C. Baker Tract, said beginning point
also being 150 feet West of the East boundary line and 602 feet North of the South boundary line
of the Southwest Quarter of the Northwest Quarter of Section 31, Township 34 North, Range 118
West, 6th P.M., Lincoln County, Wyoming, and running thence West along said North boundary
line of the James C. Baker tract, 150 feet, more or less, to a corner of said Baker tract; thence
North, along an East boundary line of the James C. Baker tract and said East boundary line
extended, 1452 feet; thence East 150 feet, more or less, to a point 150 feet West of the East
boundary line of the Northwest Quarter of the Northwest Quarter of said Section 31; thence South
1452 feet, more or less, to the point of beginning.
'LESS AND EXCEPT the land described in instrument recorded September 5, 2007 in Book
671PR on page 242 of the records of the Lincoln County Clerk.
Parcel 2:
Beginning at a point on the East boundary line of the Southwest Quarter of the Northwest Quarter
of Section 31, Township 34 North, Range 118 West, 6th P.M., Lincoln County, Wyoming, said
point also being 602 feet North of the South boundary line of said Southwest Quarter of the
Northwest Quarter, and running thence West, along a North boundary line of the James C. Baker
Tract, 150 feet; thence North 1452 feet; thence East 150 feet, more or less, to the East boundary
line of the Northwest Quarter of the Northwest Quarter of said Section 31; thence South, along
said East boundary line, 1452 feet, more or less, to the point of beginning.
Parcel 2A:
Description: Bird Right -of -Way Easement
A portion of the Bird properties as referred to in the Deeds recorded with Document No. 859135,
in Book 431PR, on Page 247, and with Receiving No. 908650, in Book 586, on Page 43, all with
the Office of the Clerk of Lincoln County, Wyoming, within GLO Lot 2, of Section 31, Township
34 North, Range 118 West, of the 6th P.M., Lincoln County, Wyoming, being more particularly
described as follows:
A 60 feet wide strip of land, with the Center Line being more particularly described as follows:
BEGINNING at a Point in the Center Line of Strawberry Creek County Road 12 -126, as shown
on the Map recorded in Slot 126, with said Office, said Point of Beginning, being 1,095.88 feet
North 74 °38'46" East from the Paul N. Scherbel RLS 164, 1976 location for the Southwest
Corner of said GLO Lot 2, also said Point of Beginning, being 392.99 feet North 38 °02'42" West
from the Lloyd B. Baker PE/LS 698, 1989 location for the Southeast Corner of said GLO Lot 2;
thence North 3 °33'35" West 308.55 feet; thence North 34 °47'47" West 40.53 feet to a Point in
the West line of said Bird property, as referred to in the Deed recorded with Receiving No.
908650, in Book 586, on Page 43, with said Office, also the South 30.00 feet of said Bird
property, as referred to in the Deed recorded with Receiving No. 908650, in Book 586, on Page
43, with the Office.
MORTGAGOR agrees to pay the indebtedness hereby secured; to pay all taxes, assessments and
charges levied against the property, as the same become due and payable; to secure, maintain and
furnish MORTGAGEE evidence thereof, insurance with an insurance carrier or carriers
acceptable to MORTGAGEE, covering the insurance improvements on the Property against loss
by fire and earthquakes, with extended coverage, in an amount not less than the unpaid balance of
the debt hereby secured, or the insurable value (replacement cost) of such improvements,
whichever is less, which insurance shall contain an appropriate loss payable provision protecting
MORTGAGOR and MORTGAGEE as their respective interests may appear from time to time.
In the event MORTGAGOR fails to pay such taxes or assessments, or fails to keep and maintain
such insurance as herein provided, MORTGAGEE may pay such taxes and assessments and may
secure and pay for such insurance, and all sums so paid shall be added to and considered a part of
the indebtedness hereby secured and shall draw interest at the same rate.
In case default shall be made in the payment of the above sums hereby secured, or in the payment
of the interest thereon, or any part of such principal or interest, when the same shall become due;
or in case of default shall be made in any of the covenants and agreements thereof, or in the event
MORTGAGOR sells or conveys the Property, or any part thereof, or any interest therein, without
the prior written consent of the MORTGAGEE first had and obtained, then the whole
indebtedness hereby secured, with interest thereon, shall become due and payable, at the option of
MORTGAGEE, and MORTGAGEE'S legal representatives and assigns, may proceed by
advertisement and sale/or as otherwise authorized by governing law, to foreclose on and sell the
Property, and out of the proceeds of such sale, MORTGAGEE shall pay all sums due hereunder,
together with all costs of sale including reasonable attorney's fees. If the proceeds of the
foreclosure sale are insufficient to pay the indebtedness hereby secured and foreclosure costs,
MORTGAGEE shall be entitled to a deficiency judgment.
In the event of any default whereby the right of foreclosure occurs hereunder, MORTGAGEE
shall at once become entitled to exclusive possession, use and enjoyment of the Property, and to
all rents, issues and profits from the accruing of any such rights and during the pendency of the
foreclosure proceedings, and the period of redemption, if any there be.
MORTGAGOR warrants title to the Property as to parties claiming, by, through or under the
MORTGAGOR only.
28
Witness our hands this Octobei;2'f, 2014
Fredrick Shane Cullinan
(.:10
Mary Cullin
State of W 6'c 41 7
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County of &,(inCO-e?
The foregoing instrument was acknowledged before me this nQ S. day of
t�.C7 _'e) ,20 a, by Fredrick Shane Cullinan and Mary Cullinan.
Witness my hand and official seal
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Notary Public: G
My commission expires:
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